Article 61

Question 1

Title of Art. 61 of the RPC

Answer 1

Rules for graduating penalties

Question 2

Do the rules provided in Art. 61 of the RPC apply in determining the minimum of the indeterminate penalty under the Indeterminate Sentence Law?

Answer 2

Yes

Question 3

What is the minimum of the indeterminate penalty?

Answer 3

It is within the range of the penalty NEXT LOWER than that prescribed by the RPC for the offense

Question 4

The three indivisible penalties, according to Reyes, 2021 (3)

Answer 4

1. Death
2. Reclusiton Perpetua (May now be considered divisible)
3. Public Censure

Question 5

Divisible penalties according to Reyes, 2021 (6)

Answer 5

1. Reclusion temporal
2. Prision mayor
3. Prision correccional
4. Arresto Mayor
5. Destierro
6. Arresto Menor

Question 6

Outline of Rules for Garduating Penalties in Art. 61 (5)

Answer 6

1. When penalty is single and indivisible, the penalty next lower in degree shall be that immediately following that indivisible penalty
2. When penalty is two indivisible penalties, or divisible penalties in their full extent, the penalty next lower shall be that immediately following the lesser of the penalties
3. When the penalty is one or two indivisible penalties and the maximum period of a divisible penalty, the penalty next lower in degree shall be the medium and minimum periods of the proper divisible penalty and the maximum period of that immediately following in the graduated scale
4. When the penalty prescribed for the crime is composed of several(more than two) periods of divisible penalties, the penalty next lower in degree shall be composed of the period immediately following the minimum prescribed and of the two next following
5. When the law prescribes a penalty for a crime in some manner not specially provided for in the four preceding rules, the courts, proceeding by analogy, shall impose the corresponding penalties upon those guilty as prinicipals of frustrated or attempted felony and upon accomplices and accessories

Question 7

If the penalty is Reclusion Perpetua, what is the penalty next lower in degree? (First Rule)

Answer 7

Reclusion Temporal

Question 8

If the penalty is Death and Reclusion Perpetua, what is the penalty next lower in degree? (Second Rule)

Answer 8

Reclusion Temporal

Question 9

If the penalty is Reclusion perpetua AND reclusion temporal in its maximum period, what is the penalty next lower in degree (Third Rule)

Answer 9

Medium and Minimum periods of reclusion temporal and maximum of prision mayor

Question 10

If the penalty is Prision mayor in its medium period to reclusion temporal in its minimum period, what is the penalty next lower in degree? (Fourth Rule)

Answer 10

Prision mayor in its minimum period to prision correccional in its maximum and medium periods

Question 11

If the penalty is prision correcional in its medium and minimum periods, what is the penalty next lower in degree? (Fifth Rule)

Answer 11

Arresto Mayor in its maximum and medium periods

Question 12

Are mitigating and aggravating circumstances applicable in determining the penalty next lower in degree in the graduation of penalties?

Answer 12

No, it is only after determining such that the mitigating and/or aggravating circumstances should be considered